Am I going to Jail?Probably not. For those facing a 1st time Michigan Domestic Violence chargesand who are actually convicted, the truth is that Jail is hardly ever a
concern unless the facts are totally egregious or you are in a rural jurisdiction
with a wacky Judge. If it is your 2nd or subsequent Michigan Domestic
Violence charge, the possibility of Jail time obviously increases with
a conviction. But at Prain Law, PLLC, we have NEVER had a client facing a Michigan Domestic Violence charge go to Jail. What makes you think we'd let YOUbe our first? Can I get rid of the No Contact Order that is keeping me from my children,
my home, and my property? Most likely. I don"t have to tell you what the No Contact Order is; it's
that thing making your immediate life a living hell, amongst all the other
long-term anxieties. A No Contact Order is a standard Bond condition in all Michigan Domestic Violence charges. Here's the deal, at your next Court appearance, we can make a "Motion"
to have it amended to a "No Assaultive Contact" Order so you
can resume life as normal, but the Judge will rarely grant it without
your accuser present in Court - so as your Domestic Violence Defense Attorney,
we need to arrange for them to be there. For our clients facing Michigan Domestic Violence charges, getting the No Contact removed used to be standard, but the truth is,
it's getting tougher these days. If you are facing a Michigan Domestic
Violence charge in Wayne, Oakland, or Macomb Counties, the No Contact
Order will probably be removed. In other counties like Washtenaw and Livingston,
you might want to make alternate living arrangements while the case continues. If the No Contact Order remains in-place, how can I get my property? Via "Civil Standby." At or before your next Court appearance, we can arrange a "Civil Standby,"
which is basically a Police escort to your residence to retrieve your
most essential property items.

Is Domestic Violence a Felony or Misdemeanor in Michigan? It depends on what your past looks like. Here is the breakdown:

If you are facing
Michigan Aggravated Domestic Violence Charges under MCL 750.81a(2) and have previously been convicted 1 or more times
of either:

any offense involving the word "Domestic Violence"; or

a different type of Assault arising out of a "domestic relationship"...

you are facing Felony
Michigan Domestic Violence charges (5 year max in State Prison)

What does the Court process entail? Will my family business be exposed
in a public Courtroom? One Arraignment, several Pretrial Conferences or "Settlement Conferences,"
and either a Trial and/or a Sentencing - depending. If your
Michigan Domestic Violence charges result in reaching a plea deal, then there will be an Arraignment, Pretrial
Conferences (at one of which, your Plea will be taken), and a Sentencing.
If you take your Michigan Domestic Violence charges to Trial, then there
will be a full Trial in a public Courtroom. The type of case where there is the
least exposure of your private business is in the case of a Plea of "No
Contest" (where you do not have to state in Court what you allegedly
did) and where the Complainant does not appear at Sentencing and make
a "Victim Impact Statement."

Will there be a public record of my Michigan Domestic Violence charges?
What is this "769 Domestic Violence Deferral thing about? Again, it depends. Any time that
Michigan Domestic Violence charges are brought against someone, there is always a Court file created that
is available to the public upon request. But that assumes that the person
is aware of your Michigan Domestic Violence charges and in which Court
they were filed. There is also a record-keeping system through the Michigan
State Police. The "private" version for Courts and law enforcement
is called the "Law Enforcement Information Network" ("LEIN").
The public version is called the "Certified Criminal History"
("CCH") available to any member of the public who knows your
name and birthdate. This is where a potential employer, etc., could find
out about the case. If you are found Not Guilty at Trial, the public CCH
record is removed. If you Plead Guilty or are convicted without the "Deferral,"
the record of your conviction in CCH is permanent for all to see. If you
plead guilty under
MCL 769.4a (also called "769," the "Michigan Domestic Violence
Deferral," and the "Spouse Abuse Act"), you will go on Probation, but if you successfully complete the Probation,
the public record of the Michigan Domestic Violence charges are erased
as it is not considered a "conviction."

Am I eligible for 769.4a? Probably, if you have never been convicted before. The Michigan Domestic Violence Deferral under MCL 769.4a is available to
those who have not previously convicted of Michigan Domestic Violence
charges. However, if you have used MCL 769.4a before, that still counts
as a "conviction" for determining eligibility (new in 2013).
HOWEVER, even though you are "eligible" under the actual law,
certain County Prosecutors Offices have their own rules (the Prosecution
must consent). For example, Washtenaw County has a ridiculous policy of
not offering MCL 769.4a if you have ever been accused before - read closely,
that says ACCUSED, not "convicted." Call Prain Law, PLLC for
more details on this.
Click Here for our articles specifically on MCL 769.4a.

What will the future look like when these Michigan Domestic Violence charges
are over? Will I lose my job? How could this hurt me years down the road? It's quite arange. The best case scenario is to have a "triable" case, take it
to Jury Trial, and be found Not Guilty of the Michigan Domestic Violence
charges. The law enforcement records *should* be destroyed within 90 days
of acquittal. Congratulations! You can now go on with your life and forget
all about it for the most part. The second-best outcome is to have to
plead Guilty for various reasons, but to receive MCL 769.4a, and the worst-case
scenario is to be convicted outright with no Deferral. Whether or not
Michigan Domestic Violence charges will result in job loss is a question
of specific employer polices and whether you are an "at will"
employee or not. If you are, they can fire you for any reason - even an
unfounded accusation. It is best to have a Michigan Domestic Violence
Defense Attorney contact the employer, as certain information should be
withheld. Also, if you receive MCL 769.4a, you cannot ever use it again
- thus, if at any time in the future, you should face
Michigan Domestic Violence charges again, you are in a more compromised position.

Still have more questions? The best answers are only a phone call away. At Prain Law, PLLC, defending
those facing Michigan Domestic Violence charges in Wayne, Washtenaw, Oakland,
Macomb, Monroe and even is
what we do! The call is free. The consultation is free. Our knowledge and experience
is priceless!
Call Prain Law, PLLC at
(248) 731-4543. Don't feel like talking? No problem! Just e-mail us using the
Contact Form

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